Cross posting from Reddit. EMAIL YOU SENATORS AND REPRESENTATIVES
New ATF interpretations restrict certain handgun imports, may require NFA registration.
TL;DR: the ATF has created new standards to judge pistol imports by, including size and caliber, and has apparently revoked some import permits for pistol versions of rifles. This could signal an incoming policy change with regards to pistol versions of ARs, AKs, etc.
Here's the link. Wiley is a large and reputable law firm, likely representing clients in the firearm industry. When they refer to recent ATF letters in their alert, you can trust that they're legitimate.
Summary:
Many firearms are imported into the US as large pistols in order to avoid the harsh "sporting purposes" restrictions on rifle imports. The HK SP5 is a good example of this. Although it's large, it's imported as a pistol.
Before the past few months, the ATF didn't care how large those pistols were. As long as it didn't have a stock or vertical foregrip, they considered it a pistol. However, they've apparently recently reversed course and created new standards to judge imports by. According to recent letters, these include:
than a handgun. According to the letters, the ATF apparently refuses to create clear standards, and claims that presence of one of those features doesn't necessarily disqualify a firearm from import. However the ATF has also apparently revoked previously-approved import permits, which illustrates a clear change in their interpretation of the law.
Potential effects on pistols, including AR pistols with braces:
According to the National Firearms Act (NFA), a firearm with an overall length less than 26 inches that isn't a handgun, rifle, or shotgun is an Any Other Weapon (AOW). AOWs are subject to NFA registration, just like short barrel rifles.
Because the ATF has apparently begun interpreting firearms with the above listed features as non-handguns when considering import applications, they may choose to mirror that interpretation when considering domestic firearms. This means that many AR and AK pistols (and similar), including ones with braces, could become subject to the NFA. This would require registration and a $200 tax.
This is speculation however, so you don't need to take any action as of this moment. But beware that a formal announcement from the ATF may come in the near future, as they have already been grappling with transparency requirements when it comes to this apparent reversal.
Disclaimer:
Keep in mind that this information comes from a single law firm--Wiley Law in Washington, DC. Although they're a very large firm and federal regulation is one of their specialties, this alert does not represent an official announcement from the ATF. It merely signals that clarification from the ATF may be forthcoming in the near future.
I have been emailing this to my reps and our 2 Senators. ATF? more like WTF
"It has come to light that the ATF intends to retroactively reclassify braced AR and AK pistols as Any Other Weapons under the unconstitutional National Firearms Act effectively making hundreds of thousands of law abiding US citizens felons over night. These unlawful and unconstitutional ATF rulings can not stand, the ATF bureaucrats are not elected officials and should not be permitted to arbitrarily create laws, especially laws that undermine the US constitution and that serve to make criminals of law abiding citizens. It is time for the executive branch to hold accountable the bureaucrats at the BATFE and to represent and protect the constitutional rights of the American people. As one of your constituents I demand that you take action on this matter lest hundreds of thousands of Americans be deemed criminals due to an arbitrary ruling by a non-legislative branch of the government. As elected officials it is your sworn duty to uphold the constitution. You must stand for the American people and protect their constitutional right!"
Do your part, get their inboxes full!
New ATF interpretations restrict certain handgun imports, may require NFA registration.
TL;DR: the ATF has created new standards to judge pistol imports by, including size and caliber, and has apparently revoked some import permits for pistol versions of rifles. This could signal an incoming policy change with regards to pistol versions of ARs, AKs, etc.
Here's the link. Wiley is a large and reputable law firm, likely representing clients in the firearm industry. When they refer to recent ATF letters in their alert, you can trust that they're legitimate.
Summary:
Many firearms are imported into the US as large pistols in order to avoid the harsh "sporting purposes" restrictions on rifle imports. The HK SP5 is a good example of this. Although it's large, it's imported as a pistol.
Before the past few months, the ATF didn't care how large those pistols were. As long as it didn't have a stock or vertical foregrip, they considered it a pistol. However, they've apparently recently reversed course and created new standards to judge imports by. According to recent letters, these include:
- Incorporation of rifle sights;
- Utilization of "rifle caliber ammunition" (both 5.56mm and 7.62mm have been considered as such);
- Incorporation of “rifle-length barrel;”
- The “weapon’s heavy weight;”
- Ability to accept magazines that range in capacity from 20 rounds to 100 rounds, “which will contribute to the overall weight of the firearm”; and
- Overall length of the weapon which “creates a front-heavy imbalance when held in one hand.”
than a handgun. According to the letters, the ATF apparently refuses to create clear standards, and claims that presence of one of those features doesn't necessarily disqualify a firearm from import. However the ATF has also apparently revoked previously-approved import permits, which illustrates a clear change in their interpretation of the law.
Potential effects on pistols, including AR pistols with braces:
According to the National Firearms Act (NFA), a firearm with an overall length less than 26 inches that isn't a handgun, rifle, or shotgun is an Any Other Weapon (AOW). AOWs are subject to NFA registration, just like short barrel rifles.
Because the ATF has apparently begun interpreting firearms with the above listed features as non-handguns when considering import applications, they may choose to mirror that interpretation when considering domestic firearms. This means that many AR and AK pistols (and similar), including ones with braces, could become subject to the NFA. This would require registration and a $200 tax.
This is speculation however, so you don't need to take any action as of this moment. But beware that a formal announcement from the ATF may come in the near future, as they have already been grappling with transparency requirements when it comes to this apparent reversal.
Disclaimer:
Keep in mind that this information comes from a single law firm--Wiley Law in Washington, DC. Although they're a very large firm and federal regulation is one of their specialties, this alert does not represent an official announcement from the ATF. It merely signals that clarification from the ATF may be forthcoming in the near future.
I have been emailing this to my reps and our 2 Senators. ATF? more like WTF
"It has come to light that the ATF intends to retroactively reclassify braced AR and AK pistols as Any Other Weapons under the unconstitutional National Firearms Act effectively making hundreds of thousands of law abiding US citizens felons over night. These unlawful and unconstitutional ATF rulings can not stand, the ATF bureaucrats are not elected officials and should not be permitted to arbitrarily create laws, especially laws that undermine the US constitution and that serve to make criminals of law abiding citizens. It is time for the executive branch to hold accountable the bureaucrats at the BATFE and to represent and protect the constitutional rights of the American people. As one of your constituents I demand that you take action on this matter lest hundreds of thousands of Americans be deemed criminals due to an arbitrary ruling by a non-legislative branch of the government. As elected officials it is your sworn duty to uphold the constitution. You must stand for the American people and protect their constitutional right!"
Do your part, get their inboxes full!
